Sunday, July 29, 2012

Government Order(GO) for misconduct against 498a (FIL/MIL) for violation of APCS(Conduct) Rules 1964



                           GOVERNMENT OF ANDHRA PRADESH ABSTRACT
Public Services – Disciplinary Cases – Violation of Andhra Pradesh Civil Services (Conduct) Rules – Initiation of disciplinary action as per Andhra Pradesh Civil Services (CCA) Rules – Orders – Issued.
_____________________________________________________________
GENERAL ADMINISTRATION (SERVICES-C) DEPARTMENT

G.O.Ms.No. 680 Dated:01-11-2008.

ORDER :

All Government Employees are governed by the provisions of Andhra Pradesh Civil Services (Conduct) Rules, 1964. Any violation of the said rules amounts to mis-conduct and for such mis-conduct disciplinary action shall be initiated as per the procedure laid down in Andhra Pradesh Civil Services (CCA) Rules, 1991.

2. According to Rule 3 (1) of A.P.Civil Services (Conduct) Rules 1964, ‘every Government employee shall be devoted to his duty and shall maintain absolute integrity, discipline, impartiality and a sense of propriety’.

3. It is noticed that while initiating the disciplinary action against any erring employee the above rule position is not strictly adhered to. The charges against any erring employee shall be framed by the Competent Authority duly indicating the specific mis-conduct. Such articles of charge should not be vague and general in nature i.e., the words like slack supervision, irregular way of processing the issues etc., The Courts of Law are taking a view that there is no clear application of mind by the Competent Authority while initiating the disciplinary action against erring employee.The Division Bench of the A.P.High Court in K.David Wilson Vs. Secretary to Government, Law Department (2001 (5) ALT 65) held that “the charged official ought to be informed of the charges leveled against him as also the grounds upon which they are based. Charge of mis-conduct should not be vague. The charge-sheet must be specific and must set out all the necessary particulars and details irrespective of the fact whether the delinquent knows it or not, he must be told about the charges and it was not his duty to connect the charge sheet with his alleged understanding or knowledge of the charge. However, it is true that the charge need not be framed with the precision of a charge in criminal proceedings. But, at same time, it must not be vague or so general as to make it impossible of being traversed. Therefore, the test is whether the charge conveys to delinquent employee, the exact nature of the alleged mis-conduct in a way that would enable him to meet charge effectively. It is well established  that if a vague charge is given to a delinquent, it is a fatal defect, which vitiates entire proceedings. It is also relevant to notice that vagueness in charge is not excused on the plea that employee concerned should be deemed to have known the facts correctly. It should not be left to delinquent official to find out or imagine what the charges against him are and it is for the employer to frame specific charges with full particulars.”

4. Thus, there is need to keep in mind the provisions contained in APCS (Conduct) Rules 1964, to check the misconduct of the Government employees to ensure that the system of administration functions smoothly

5. Govt. direct that wherever connivance, negligence, dereliction of duty of Govt. employee is noticed, Competent Authority shall take prompt action for such mis-conduct in accordance with procedure laid down in APCS (CCA) Rules, 1991.

6. It is the earnest endeavour of the Government to ensure clean and efficient administration at all levels.

7. All Departments of Secretariat, all Heads of Departments and all District Collectors are requested to take prompt necessary action as per the above order.
(BY ORDER AND IN THE NAME OF THE GOVERNOR OF ANDHRA PRADESH)



                                                           P.RAMAKANTH REDDY                
                     CHIEF SECRETARY TO GOVERNMENT





TO
All Departments of Secretariat.
All Heads of Departments / All District Collectors.
The Law (LSP) Departments.
The Director General, Anti Corruption Bureau, Hyd.
All Service Sections in Genl. Admn.Department.
The Secretary, A.P. Public Service Commission, Hyd.
The Secretary, A.P., Vigilance Commission, Secretariat, Hyd.
The Registrar, A.P. Administrative Tribunal, Hyderabad.
The Registrar, High Court of A.P., Hyderabad.
Copy to :
The P.S., to Prl.Secretary to C.M.,/The P.S., to C.S.
The P.S., to the Hon’ble Minister for Finance.
SF/SC.

                                       //FORWARDED::BY ORDER//

                                                                                                     SECTION OFFICER.

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